Previous Story
Dynasty’s foreign workers appeal to 9th Circuit
The over 500 foreign current and former workers of Tinian Dynasty Hotel & Casino are appealing to the U.S. Court of Appeals for the Ninth Circuit the federal court’s denial of their request to amend their lawsuit over the denials of their CW-1 visa petitions.
The workers are also appealing to the Ninth Circuit the federal court’s dismissal of their lawsuit for lack of jurisdiction.
The workers, through counsel Bruce Berline, informed the U.S. District Court for the NMI last week about their appeal that seeks to overturn the court’s decisions.
Last Sept. 8, U.S. District Court for the NMI Chief Judge Ramona V. Manglona denied the workers’ request to amend their lawsuit.
Manglona ruled that as stated in her prior decision and order, the workers may re-file their lawsuit once the administrative appeals of Hong Kong Entertainment (Overseas) Investments Ltd.’s petitions on their behalf are completed. HKE owns Tinian Dynasty.
The workers have filed a lawsuit against Department of Homeland Secretary Jeh Johnson, U.S. Citizenship and Immigration Services Director Leon Rodriguez, and USCIS California Service Center Director Kathy A. Baran over the USCIS’ denial of HKE’s 197 CNMI-only Transitional Worker (CW-1) petitions involving 693 beneficiaries.
Berline filed the lawsuit as counsel for Belal Hossain, Wenli Zhong, Pukar Patel, and 500 unknown co-plaintiffs.
Last May, Manglona dismissed the workers’ lawsuit, ruling that the decision to deny HKE’s CW-1 visa petitions for their foreign workers is clearly not final and that the Administrative Appeals Office is currently reviewing it.
Because HKE’s petition denials are not final, Manglona said the court lacks jurisdiction and must dismiss the case.
Manglona, however, said the workers may refile the lawsuit after the Administrative Appeals Office has issued its decision and the agency’s action is final.
The plaintiffs then asked for permission to file an amended complaint.
That, however, would be futile, according to Sarah L. Vuong, trial attorney for the Department of Justice Office of Immigration Litigation. She argued that plaintiffs’ amended complaint does not remedy the fatal flaws of their original complaint.
